GURMIT SINGH Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) The appellant, who was serving as Head Constable in Police, has filed this appeal to impugn the judgment passed by the First Appellate Court against the judgment and decree dated 11.01.1995, dismissing his suit. The appellant had challenged the order of his dismissal from police service by filing a civil suit which was decreed.

(2.) The appellant had joined the police service on 25.07.1979 and was promoted as Head Constable at Kapurthala w.e.f. 24.11.1987. On 17.01.1991, he proceeded on 30 days leave. He was accordingly required to report back on 15.02.1991. He, however, did not rejoin his duty. The appellant says he became ill and so could not join back. He would also claim that he had applied for extension of leave till 30.10.1991 by sending telegram. No order was ever conveyed to him and he presumed that the leave had been sanctioned and so he continued to remain on leave. The appellant also claimed to have reported for duty on 30.10.1991 on the expiry of the leave. As per him, he was not allowed to join the duty and was apprised that he had been dismissed from service on 26.10.1991 on the ground that he was treated as absent from duty w.e.f. 15.02.1991.

(3.) The appellant accordingly challenged this order on the ground that his plea that he was seriously ill up to 30.10.1991 at Civil Hospital, Kapurthala was not properly considered. He would also urge that no notice was ever served on him either for appearing for the inquiry about the absence. No charge sheet was ever served on him. He would also claim that no show cause notice was served on him and before passing the impugned order, he was not afforded any opportunity of hearing. The appellant accordingly would term the order as illegal, unlawful and void. The appellant thus challenged the order of his dismissal by filing the suit on 05.04.1994.